Opinion
CASE NO. 8:02CR21.
September 14, 2007
MEMORANDUM AND ORDER
This matter is before the Court on the following motions filed by the Defendant, Samson Aldaco: for copies (Filing No. 378); for leave to proceed in forma pauperis (Filing No. 379); and for a hearing regarding the motion for copies (Filing No. 381).
Copies (Filing No. 378)
The Defendant seeks copies of numerous court records to aid him in preparing a motion to vacate, etc., pursuant to 28 U.S.C. § 2255. As stated in the Court's previous order (Filing No. 377) regarding a similar motion, the request is premature. In other words, the Court may not provide the Defendant with materials that he wishes to use in preparing his § 2255 motion. United States v. Losing, 601 F.2d 351, 351 (8th Cir. 1979).
In forma Pauperis
Any request for in forma pauperis status before the filing of a § 2255 motion is premature and will be denied. 28 U.S.C. § 2250.
Hearing
The motion for a hearing on the motion for copies is denied.
IT IS ORDERED that the following motions filed by the Defendant, Samson Aldaco, are denied: for copies (Filing No. 378); for leave to proceed in forma pauperis (Filing No. 379); and for a hearing regarding the motion for copies (Filing No. 381).